Steven G. Patten v. California
DueProcess
1. Whether Petitioner can establish a prima facie case of discrimination
under the Equal Protection Clause of the Fourteenth Amendment when the pro-
secution in a state criminal trial used peremptories (i.e. peremptory chall
enges) to remove the only African-American (i.e. Black) jurors from the venire (2 Black jurors in a venire totalling 35), where the jurors'
answers do not necessarily dispel any inference of discrimination (especially
since the answers did not give rise to dismissal for cause).
2. Whether the trial court's failure to give a self-defense instruction (with
respect to the animal cruelty charge) is harmless error, where the jury was
instructed that Petitioner (& not the prosecution) had to prove he was not
in danger?
3. Whether an erroneous & misleading flight instruction can bae cured by the
standard instruction under CALCRIM No. 200 (that some instructions may not
apply)?
Whether Petitioner can establish a prima facie case of discrimination under the Equal Protection Clause of the Fourteenth Amendment